REGINA v. CLOGHER [1999] NSWCCA 397

REGINA v. CLOGHER [1999] NSWCCA 397

The statutory declarations and their contents were capable of influencing the Department's attitude to the progress claims, were required under an express contractual entitlement, and contained information important to the Department and to the company's pursuit of prompt payment. Materiality was not confined to statements that directly determined whether or how much payment would be made. The trial judge adequately directed the jury on how the statements could be material in the factual context and did not remove the relevant factual issues from the jury. The evidence of materiality was overwhelming, so the appeal could not succeed.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Criminal Appeal Against Convictions / Appeal From Convictions in the District Court to the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['false or Misleading Statements in Material Particulars' 'recklessness' 'intent to Obtain Monies for Another' 'jury Directions' 'materiality']
['criminal Law'] ['false or Misleading Statements in Material Particulars' 'recklessness' 'intent to Obtain Monies for Another' 'jury Directions' 'materiality']

Case Brief

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Procedural Posture

Criminal Appeal Against Convictions / Appeal From Convictions in the District Court to the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to direct an acquittal on each count.' 'Whether statements in statutory declarations about unpaid workers, sub-contractors and suppliers were false or misleading in material particulars for the purposes of s.178BB of the Crimes Act 1900.' "Whether the trial judge's directions withdrew the issue of materiality from the jury." 'Whether the trial judge erred by failing to direct the jury that the Department of Public Works had a discretion to pay monies without the need for the statutory declaration.']

Ratio Decidendi

The statutory declarations and their contents were capable of influencing the Department's attitude to the progress claims, were required under an express contractual entitlement, and contained information important to the Department and to the company's pursuit of prompt payment. Materiality was not confined to statements that directly determined whether or how much payment would be made. The trial judge adequately directed the jury on how the statements could be material in the factual context and did not remove the relevant factual issues from the jury. The evidence of materiality was overwhelming, so the appeal could not succeed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']